January 8, 2004
The Town Board of the Town of Corinth held a regular meeting on January 8, 2004 at 7:00 PM at the Town Hall.
Present: Richard B. Lucia, Supervisor
Joan Beckwith, Councilwoman
William Doherty, Councilman
Charles Brown, Councilman
Harry Plummer, Highway Superintendent
Rose E. Farr, Town Clerk
Robert Hafner, Town Attorney
Fred Mann, Jr., Code Enforcement Officer
Public: Richard Feulner, Alvey Wood, Sigrid Koch, Scott Hunt and Edwin Eggleston.
After Roll Call, Pledge of Allegiance, and prayer the following business was conducted:
RESOLUTION #73
APPROVAL OF MINUTES
A motion was made by Councilwoman Beckwith, seconded by Councilman Doherty, and the following resolution was
ADOPTED Ayes 4 Lucia, Beckwith, Doherty, and Brown
Nays 0
Resolved that the minutes for December 4th, 11th, and 18th, 2003 be approved.
RESOLUTION #74
APPROVAL OF ABSTRACTS
A motion was made by Councilman Doherty, seconded by Councilman Brown, and the following resolution was
ADOPTED Ayes 4 Lucia, Beckwith, Doherty, and Brown
Nays 0
TOWN BOARD MEETING
JANUARY 8, 2004 PAGE TWO
Resolved that the abstracts of December 4th and 18th, 2003 be approved as follows:
December 4th December 18th
A - $101,226.88 A - $87,452.86
B - $ 9,940.09 B - $13,888.36
DA - $ 32,320.89 DA - $36,747.18
DB - $ 16,822.09 DB - $ 2,777.63
TA - $ 76,667.74 TA - $ 2,457.48
SL - $ 467.82 CD - $19,457.51
SW - $ 2,750.50
JUNKYARD, MOBILE HOME PARK AND
TRAVEL TRAILER PARK LICENSES FOR 2004
Supervisor Lucia read letters from the Code Enforcement Officer on the following licenses for 2004: Victor Kyarsgaard, d/b/a Adirondack Salvage – Junkyard License
Thomas Pixley – Junkyard License
Edward Johnson, Jr. – Junkyard License
Richard & Mary Jo Young, d/b/a Woodcrest Acres – Mobile Home Park License
Edward Byrnes, d/b/a Mountainview Mobile Home Park-Mobile Home Park License
David Gardner, d/b/a Antone Mountain Mobile Home Park-Mobile Home Park License
Leif Sandwick, d/b/a Alpine Lake Campgrounds – Travel Trailer Park License
IGWT,LLC (Scott Hunt), d/b/a Rustic Barn Campground, LLC – Travel Trailer Park License
David Falk, d/b/a River Road Campground – Travel Trailer Park License
Also Mr. Scott Hunt new owner of the former Rustic Barn Campsite requested that he be allowed to renew the license in the name of Rustic Barn Campground.
TOWN BOARD MEETING
JANUARY 8, 2004 PAGE THREE
RESOLUTION #75
APPROVAL OF LICENSES FOR 2004
A motion was made by Councilwoman Beckwith, seconded by Councilman Doherty, and the following resolution was
ADOPTED Ayes 4 Lucia, Beckwith, Doherty, and Brown
Nays 0
Resolved that the following licenses be renewed for the year 2004:
Victor Kyarsgaard, d/b/a Adirondack Salvage – Junkyard License
Thomas Pixley – Junkyard License
Edward Johnson, Jr. – Junkyard License
Richard & Mary Jo Young, d/b/a Woodcrest Acres – Mobile Home Park License
Edward Byrnes, d/b/a Mountainview Mobile Home Park-Mobile Home Park License
David Gardner, d/b/a Antone Mountain Mobile Home Park-Mobile Home Park License
Leif Sandwick, d/b/a Alpine Lake Campgrounds – Travel Trailer Park License
IGWT,LLC (Scott Hunt), d/b/a Rustic Barn Campground, LLC – Travel Trailer Park License
David Falk, d/b/a River Road Campground – Travel Trailer Park License
DAVID AND PAMELA STEWART VARIANCE
Supervisor Lucia announced that the David and Pamela Stewart Variance scheduled for 7:10PM had been canceled.
TOWN BOARD MEETING
JANUARY 8, 2004 PAGE FOUR
RESOLUTION #76
PUBLIC HEARING TO PROVIDE CITIZENS INFORMATION CONCERNING AMOUNTS OF CDBG FUNDS AVAILABLE
A motion was made by Councilman Brown, seconded by Councilwoman Beckwith, and the following resolution was
ADOPTED Ayes 4 Lucia, Beckwith, Doherty, and Brown
Nays 0
WHEREAS, the Town Board, after due consideration, has determined that it is desirable and in the public interest to undertake the necessary planning steps and related work for a community development program; and
WHEREAS, the Town Board hereby authorizes and directs the Supervisor to submit an application for financial assistance under the NY Small Cities Community Development Block Grant Program; and
WHEREAS, it is desirable to conduct and hold a minimum of two public hearings pursuant to the HUD Act to: Provide an objective and neutral forum for considering overall community needs and potentially competing or alternative CDBG proposals; and give citizens and potential beneficiaries of the proposed CDBG project adequate opportunity to consider the potential impacts and benefits of the proposed project and to comment on it prior to submittal.
NOW, THEREFORE, IT IS RESOLVED, by the Council Members of the Town of Corinth:
That the Town Clerk is hereby authorized to publish a Notice of Public Hearing to be held on January 22, 2004 at 4:10 PM and on February 12, 2004 at 7:10 PM at Corinth Town Hall – at which time Town representatives will:
Provide the citizens of the Town with adequate information concerning the amount of CDBG funds available for proposed community and public facilities activities, the range of activities that may be undertaken and other important program requirements.
TOWN BOARD MEETING
JANUARY 8, 2004 PAGE FIVE
Provide citizens adequate opportunity to participate in the development of the application, and any revisions, changes or amendments to the application, prior to the submittal.
Roll Call: Joan Beckwith - aye
William Doherty - aye
Richard Lucia - aye
Charles Brown - aye
Carried: 4-0
RESOLUTION #77
RESOLUTION AUTHORIZING THE EXECUTION OF A CERTAIN GRANT AGREEMENT WITH THE TOWN OF CORINTH IDA IN CONNECTION WITH THE PURCHASE OF THE ADIRONDACK LINE.
A motion was made by Councilman Doherty, seconded by Councilwoman Beckwith, and the following resolution was
ADOPTED Ayes 4 Lucia, Beckwith, Doherty, and Brown
Nays 0
WHEREAS, with respect to the acquisition of a portion of a railroad commonly known and referred to as the Adirondack Branch Line (aka the “Line”), which was authorized by a previous resolution (Resolution #219 adopted December 12, 2002), the Town has recently entered into a MASTER FEDERAL/LOCAL AID AGREEMENT with the New York State Department of Transportation (“DOT”) to advance the first phase of funding in the amount of $115,000 intended to cover the Town’s preliminary engineering, right of way incidentals, and other costs associated with the Project (the “DOT First Phase Agreement”). The DOT First Phase Agreement provides that the Town must pay all costs in the first instance for which it will be reimbursed by DOT for 80% thereof (i.e., $96,000.00) following submission to DOT of paid invoices or other evidence of eligible costs incurred;
WHEREAS, the Town has requested financial assistance in the amount of $115,000 from the IDA in order to help it offset the expense of funding, up front, the activities associated with the grant monies described in the previous paragraph;
TOWN BOARD MEETING
JANUARY 8, 2004 PAGE SIX
WHEREAS, the IDA has agreed to grant the Town $115,000 with the understanding that the Town will repay up to 80 percent of the grant if and when the Town receives reimbursement from DOT. However, if, at any time, the Town elects not to proceed with the Project for such reasons as inability to obtain sufficient funds to pursue the Project, inability to secure a qualified
operator to oversee its development, and/or inability to obtain all necessary governmental approvals for the Project, the IDA will waive the Town’s obligation to repay any of the grant.
NOW, THEREFORE, the Town Board does hereby authorize the Town Supervisor to execute, acknowledge and deliver a Grant Agreement in form and substance as described herein to the IDA on behalf of the Town.
IN WITNESS WHEREOF, the Members of the Town Board have signed this written consent as of this 8th day of January 2004.
Richard B. Lucia, Supervisor
Joan Beckwith, Councilwoman
William Doherty, Councilman
Charles Brown, Councilman
RESOLUTION #78
RESOLUTION AUTHORIZING APPRAISAL RESOURCES, INC. TO REVIEW APPRAISAL OF POMEROY APPRAISAL ASSOC., INC. IN CONNECTION WITH THE ADIRONDACK LINE ON BEHALF OF THE TOWN.
A motion was made by Councilman Brown, seconded by Councilwoman Beckwith, and the following resolution was
ADOPTED Ayes 4 Lucia, Beckwith, Doherty, and Brown
Nays 0
WHEREAS, in furtherance of a previous resolution adopted by the Town Board authorizing the acquisition of a portion of a railroad commonly known and referred to as the Adirondack Branch Line (aka the “Line”) (Resolution #219 adopted December 12, 2002), the Town of Corinth, with the assistance of Saratoga Economic Development Corporation (“SEDC”) and railroad consultant James D. Cartin, has solicited Proposals for the review of the appraisal conducted by Pomeroy Appraisal Assoc., Inc. (“Pomeroy”) who was previously selected by the Town Board to provide a written valuation of the property making up the Line, which is approximately 16.45 miles in length and which runs from Saratoga Springs to the south line of Antone Road in the Town of Corinth.
WHEREAS, the appraisal, the review of the appraisal and purchase of the Line are part of a federally funded project, known as Project 44 under Section 1602, Title 1 of TEA-21, for intermodal improvements from North Creek to Saratoga, administered within the state by the New York State Department of Transportation (“DOT”).
TOWN BOARD MEETING
JANUARY 8, 2004 PAGE SEVEN
WHEREAS, the solicitation of proposals for and the selection of an appraiser to review the appraisal of the Line is not subject to competitive bidding requirements contained in General Municipal Law Section 103 since such services have long been recognized as falling within the common law exception for professional services or for services requiring special skill or training (See, 34 Opns St Comp, 1978 No. 78-473, p 85). The process followed by the Town in this instance was designed to comply with appraisal consulting services requirements contained in the federal grant agreements and recommendations made by DOT.
WHEREAS, requests for the appraisal review were sent to multiple appraisers and having received no response from their request, the Line consultants, SEDC and James D. Cartin in accordance with good practices and after review of the process in selecting Pomeroy, sent a request for proposal to Appraisal Resources, Inc., who was the alternate choice in the first appraisal process, and, being that the proposal from Appraisal Resources, Inc. complied with the request, the proposal of Appraisal Resources, Inc. is accepted in an amount not to exceed ONE THOUSAND AND 00/100 ($1,000.00).
NOW, THEREFORE, the Town Board does hereby (i) accept the proposal of Appraisal Resources, Inc.; and (ii) authorize the Town Supervisor to execute, acknowledge and deliver a contract on behalf of the Town of Corinth with Appraisal Resources, Inc. for the review of appraisal services conducted by Pomeroy described herein in an amount not to exceed $1,000.
IN WITNESS WHEREOF, the Members of the Town Board have signed this written consent as of this 8th day of January 2004.
Richard Lucia, Supervisor
Joan Beckwith, Councilwoman
William Doherty, Councilman
Charles Brown, Councilman
RESOLUTION #79
RESOLUTION AUTHORIZING C.T. MALE ASSOCIATES, P.C. TO PERFORM A PHASE I ENVIRONMENTAL SITE ASSESSMENT OF THE PROPERTY MAKING UP THE ADIRONDACK LINE ON BEHALF OF THE TOWN.
A motion was made by Councilman Doherty, seconded by Councilwoman Beckwith, and the following resolution was
ADOPTED Ayes 4 Lucia, Beckwith, Doherty, and Brown
Nays 0
WHEREAS, in furtherance of a previous resolution adopted by the Town Board authorizing the acquisition of a portion of a railroad commonly known and referred to as the Adirondack Branch Line (aka the “Line”) (Resolution #219 adopted December 12, 2002), the Town of Corinth, with the assistance of Saratoga Economic Development Corporation (“SEDC”) and railroad consultant James D. Cartin, has solicited Proposals for engineering services to provide a Phase I Environmental Site Assessment of the property making up the Line, which is TOWN BOARD MEETING
JANUARY 8, 2004 PAGE EIGHT
approximately 16.45 miles in length and which runs from Saratoga Springs to the south line of
Antone Road in the Town of Corinth.
WHEREAS, the preparation of a Phase I Environmental Site Assessment and purchase of the Line are part of a federally funded project, known as Project 44 under Section 1602, Title 1 of TEA-21, for intermodal improvements from North Creek to Saratoga, administered within the state by the New York State Department of Transportation (“DOT”).
WHEREAS, the solicitation of proposals for and the selection of a qualified engineering firm to prepare the Phase I Environmental Site Assessment is not subject to competitive bidding requirements contained in General Municipal Law Section 103 since such services have long been recognized as falling within the common law exception for professional services or for services requiring special skill or training (See, 34 Opns St Comp, 1978 No. 78-473, p 85). The process followed by the Town in this instance was designed to comply with engineering services requirements contained in the federal grant agreements and recommendations made by DOT.
WHEREAS, proposals were received and reviewed by the Town Supervisor, SEDC, and James D. Cartin, and, upon their recommendation, the proposal of C.T. Male Associates, P.C. is accepted in an amount not to exceed THREE THOUSAND SEVEN HUNDRED EIGHTY AND 00/100 DOLLARS ($3,780.00).
NOW, THEREFORE, the Town Board does hereby (i) accept the proposal of C.T. Male Associates, P.C.; and (ii) authorize the Town Supervisor to execute, acknowledge and deliver a contract on behalf of the Town of Corinth with C.T. Male Associates, P.C. for the preparation of a Phase I Site Assessment as described herein in an amount not to exceed $3,780.00.
IN WITNESS WHEREOF, the Members of the Town Board have signed this written consent as of this 8th day of January, 2004.
Richard Lucia, Supervisor
Joan Beckwith, Councilwoman
William Doherty, Councilman
Charles Brown, Councilman
SUPERVISOR
Supervisor Lucia reminded the Town Board that there will be a meeting for the Fire Committee to discuss the building of the new firehouse at the Firehouse on Monday, January 12, 2004 and he suggested that the Town members of that committee make every effort to attend.
TOWN BOARD MEETING
JANUARY 8, 2004 PAGE NINE
Supervisor Lucia reported that the Evergreen Health Center was now under the Glens Falls Hospital effective January 2, 2004.
Supervisor Lucia stated that the following documents are on file in his office:
Family Self Sufficiency Program Report